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Charity Commission makes changes to rules

View profile for Tim Field
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It is perhaps not surprising that the Charity Commission has updated its automatic disqualification rule, given the recent charity scandals that have hit the headlines and public confidence in the charity sector being so low.

On 1st August 2018, greater restrictions were imposed upon who can run a charity.  A person who is ‘disqualified’ is now unable to become a trustee or a senior manager of a charity. If they are already in one of those roles, then they are no longer able to continue in such a position, unless they obtain a waiver from the Charity Commission.

In addition to the current disqualifying reasons, new disqualifying reasons have also been added including being in contempt of court, certain anti terrorism offences and being on the sex offenders register.

It is possible to apply to the charity commission for a waiver from disqualification and thus enable a trustee or senior manager to remain in their position within a charity. However, failure to obtain a waiver and remaining or being appointed as a trustee or senior manager is an offence which can lead to a fine or imprisonment, or both.

If you have any concerns about continuing to be a trustee of a charity or your duties and responsibilities in such a role please contact Birkett Long.  I am based at our Colchester office and can be reached on 01206 217366 or tim.field@birkettlong.co.uk.

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